Trump repeals Obama-era regulation.
In February 2017, President Trump repealed an Obama-era regulation that would have made it easier to block the sale of firearms to people with certain mental illnesses.
In the wake of a horrific school shooting in Parkland, Florida, that left 17 dead in February 2018, media renewed focus on an Obama-era regulation repealed in the early months of the Trump administration. That rule would have given the National Instant Criminal Background Check System, which is used for gun sales, access to Social Security Administration data including the names of individuals receiving certain federal mental health benefits.
As we explained in a 17 February 2017 post, this rule — which never went into effect before being rescinded — did not change any existing laws regulating who is allowed to purchase guns. It merely would have provided a new way to enforce existing restrictions on gun sales by allowing a transfer of information from one agency to another. There are now, and have been for some time, laws that seek to limit gun sales to anyone “who has been adjudicated as a mental defective or who has been committed to a mental institution” per Title 18 section 922(g) of the United States Code. However, according to the Associated Press:
The rule was rescinded using a legal procedure called the the Congressional Review Act, which, prior to the Trump Administration, was obscure and little-used. It allows regulations passed in the final days of one administration to be rescinded with a simple majority vote in both chambers of Congress during the first 60 days of a new administration. The Senate sent their repeal of the Obama-era measure for Trump’s signature on 15 February 2017 — a year and a day before the Parkland shooting — and Trump signed it into law the next week, on 28 February 2017.
While the law did not change who is required to be the subject of background checks, it is true that Trump signed into law the repeal of a measure that would have plausibly prevented certain classes of mentally ill people from purchasing firearms by allowing a new data source to be included the system that runs those background checks. As such we rank the claim mostly true.
No, Trump Did Not Make It Easier for Mentally Ill People to Buy Guns
Shooting revives deliberately misleading talking points about a bad regulation both the NRA and the ACLU opposed.
Scott Shackford|Feb. 15, 2018 1:15 pm
In the wake of yesterday's deadly school shooting in Florida, President Donald Trump
tweeted that there were signs that alleged shooter Nikolas Cruz was "mentally disturbed." Trump encouraged people to report bad behavior to authorities.
In response, a Twitter and media parade of people spouted misleading claims about an Obama-era regulation that Trump and Congress rolled back.
None of this is a remotely accurate description of what happened. A year ago, Congress and Trump
eliminated a proposed rule that would have included in the federal government gun background database people who received disability payments from Social Security and received assistance to manage their benefits due to mental impairments.
This is a regulation that potentially deprived between 75,000 to 80,000 people of a right based not on what they had done but on the basis of being
classified by the government in a certain way. The fact that these people may have these impairments did not inherently mean that they were dangerous to themselves or others and needed to be kept away from guns.
As I
noted when the regulation was repealed last March, this rule violated not just the Second Amendment but the Fourth, because it deprived the affected people of a right without due process. The government does have the power to restrict and even deny gun ownership to people, but it has to show that these people have engaged in behavior that makes weapons dangerous in their hands.
That's why the regulation was opposed not just by National Rifle Association (NRA) but by several mental health and disability groups and by the American Civil Liberties Union. Pundits largely ignored the latter groups' opposition to the rule, preferring to play up the power of the NRA and their influence on Republicans to turn the issue into a partisan fight.
It was hackery then, and it is still hackery today. It's shameful to ignore the serious constitutional problems of this poorly conceived rule just to sow panic and implicate one's political opponents.
Photo Credit: tMIKE THEILER/UPI/Newscom
Scott Shackford is an associate editor at Reason.com
https://reason.com/blog/2018/02/15/no-trump-did-not-make-it-easier-for-ment